Oliver
United States v. Oliver
Opinion
Lead Opinion
MEMORANDUM **
Donovan Dwayne Oliver appeals from the 240-month sentence imposed after the district court granted his motion for relief under 28 U.S.C. § 2255 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Oliver contends that the district court lacked subject matter jurisdiction over the carjacking charge, 18 U.S.C. § 2119 , because there was insufficient evidence of federal nexus to interstate transportation. Because the parties stipulated that the vehicle had been “transported, shipped and received in interstate and foreign commerce,” we conclude the district court had jurisdiction. See United States v. Mathews, 833 F.2d 161, 164 (9th Cir. 1987) (holding that parties may stipulate to facts from which jurisdiction may be inferred).
Oliver also contends that his sentence violated the equal protection clause to the extent that his sentence exceeded the maximum term he could receive for carjacking under California state law. We decline to reach the issue. See United States v. Oliver, 60 F.3d 547, 550 (9th Cir.1995) (declining to reach an equal protection claim because defendant did not raise it in the district court).